WVC 44 A- 1 - 2
§44A-1-2. Determinations and appointments under prior law.
(a) Any person determined to be "mentally incompetent",
"intellectually disabled" or "mentally handicapped" and for such
reason deemed to be in need of a guardian or committee pursuant to
any order entered and in effect before the effective date of this
chapter is deemed to be a "protected person" within the meaning of
this chapter, after its effective date, unless any such
determination be revoked or otherwise modified.

(b) Any person heretofore appointed to serve as a committee
for an incompetent person and any person appointed to serve as a
guardian for an individual with an intellectual disability or for
a mentally handicapped person, is, as of the effective date of this
chapter, deemed to be: (1) A guardian, within the meaning of this
chapter, if the order appointing such person provides that the
person so appointed has responsibility only for the personal
affairs of a mentally incompetent, intellectually disabled or
mentally handicapped person; (2) a conservator, within the meaning
of this chapter, if the order appointing such person provides that
the person so appointed had responsibility only for managing the
estate and financial affairs of a mentally incompetent
intellectually disabled or mentally handicapped person; or (3) a
guardian and a conservator, within the meaning of this chapter, if
the order appointing such person does not set forth limitations of
responsibility for both the personal affairs and the financial
affairs of a mentally incompetent intellectually disabled, or mentally handicapped person.

(c) After the effective date of this chapter, the circuit
courts have exclusive jurisdiction of all matters involving
determinations of mental incompetency, intellectual disability or
mental handicap, including the jurisdiction of any proceedings
pending as of that effective date. All orders entered before the
effective date of this chapter in those cases shall remain in full
force and effect until terminated, revoked or modified as provided
herein.

(d) All persons heretofore appointed to serve as a committee
or as a guardian retain their authority, powers and duties in that
capacity, except to the extent that their authority, powers and
duties as guardian or conservator under the provisions of this
chapter are more specifically enumerated, in which event the
committee or guardian has the authority, powers and duties so
enumerated.

Wherever in the Constitution, the Code of West Virginia, Acts
of the Legislature or elsewhere in law a reference is made to a
committee for an incompetent person, such reference shall be read,
construed and understood to mean guardian and/or conservator as
defined in this chapter.

(e) The provisions of this chapter providing for the
presentation of reports by guardians and the presentation of
accountings by conservators may not be retroactively applied, and
applicable law in effect before the effective date of this chapter controls as to any reports or accountings to be made or filed for
any period before the effective date of this chapter.

(f) As used in this section, "prior law" refers to article
eleven, chapter twenty-seven of this code, relating to the
appointment of committees for mentally incompetent persons, and to
article ten-a, chapter forty-four, relating to the appointment of
guardians for individuals with an intellectual disability and
mentally handicapped persons, as those articles were in effect
before the effective date of this chapter.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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